Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and order dated 9th February, 1999 passed by a learned Judge of this Court whereby and whereunder the learned Trial Judge directed release of the gold seized from the writ petitioner with the following directions :- "1. On the petitioner paying an amount of Rs. 3,26,560/- to the respondents (this amount being in lieu of the duty payable on the gold seized) and on his furnishing a Bank guarantee to the extent of Rs. 5,00,000/- and a bond for Rs. 10,00,000/- (these two amounts being in lieu of any possible imposition of penalty) in favour of the respondent as prescribed under the Customs Act or the Rules framed thereunder, the respondents shall release the seized gold in favour of the petitioner. The format of the Bank guarantee and bond shall be communicated by the respondents to the learned Advocate-on-record of the petitioner latest by 15th February 1999. The release of the gold shall be effected within one week from the date the aforesaid amount is paid, the Bank guarantee and the Bond are furnished.
(2.) The adjudication proceedings in all respects shall be completed within three months from today and final order passed during this period.
(3.) If the respondents do not complete the adjudication proceedings and pass the final order within three months from today, the petitioner shall become entitled to the refund of the aforesaid amount of Rs. 3,26,560/- with interest at the rate of 18% per annum. The Bank guarantee and the bond furnished by the petitioner shall also immediately stand discharged at the expiry of the three months period.;